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Monday, December 16, 2013

Plea Appeal Underway

Recent search and review of documents associated with civil lawsuits against william hamilton ayres related to his molestation of many young boys has revealed that ayres has filed an appeal to his "no-contest" pleas on 8 counts of child molestation with special circumstances. There was a 60 day window in which he was allowed to file appeal.

Search of the California First District Court of Appeals indicates that the appeal was filed on October 30, 2013, and is assigned appeal number A140132. There are currently no upcoming public hearings listed, and the clerks associated with the appeals process indicate that it could be 6 months to a year before there is any real resolution on the matter. We will update as we hear more.

The press has obviously washed their hands of this case. They have spent too long taking DA Wagstaffe's press briefs as all the digging they need to do... If Wags doesn't want it to be news, then it isn't news.

To the best of my knowledge, victims have not been notified that appeal was filed, even though Wagstaffe told KCBS(pdf) that he was going to be proactive with such information:

According to Wagstaffe, so few victims invoke their rights under Marsy’s Law that he wants the attorneys in his office to act as if those rights are automatic, if not outright mandatory."

Other news: As a commenter has noted, ayres has just recently been relocated to the brand-new, state-of-the-art California Health Care Facility, Stockton. (Prison, but with hospital beds -- and razor wire and machine guns....) This is mixed news, as it is likely less overcrowded than his last location, and probably smells less like cow dung in the heat of the summer. And while dipshit daughter Barbara Ayres of Sacramento likely has a somewhat shorter drive to visit the child molester in prison, ayres' wife Solveig Ayres will have a significantly longer commute to see her child molester husband.

We don't know why specifically ayres was moved to this location; hopefully he's contracted the Valley Fever that has been rampant at Deuel.

The attorney for the child molester is listed as "First District Appellate Project," which lists it's charge as to: " ensure quality representation of indigent appellants in criminal, juvenile, dependency and mental health appeals in the First District Court of Appeal."

From the site fdap.org About FDAP page 2nd paragraph;"FDAP carries out its mission by: (1) administering the appointment of counsel function of the court, pursuant to California Rules of Court, rule 8.300(e); (2) providing administrative assistance to the Court of Appeal in processing notices of appeal; (3) assisting a panel of approximately 325 attorneys who are appointed to represent indigent appellants in the First District; (4) providing training and resource materials to the panel of attorneys; and (5) undertaking the direct representation of some indigent appellants in the First District. "

The way I read it they represent people who cannot afford a lawyer. Is ayers broke or considered indigent? Did he manage to give away his assets to his family to hide them or is he legitimately broke?

The First District Appellate Project has also been working on an appeal for an AYRES VICTIM for some time now.

The victim was a juvenile in San Mateo County who was sent to Ayres AFTER he was arrested and charged as an adult. It is believed that both prosecutor Robert Foiles and the boy's criminal attorney agreed to send him to Ayres.

In his second session, Ayres showed the boy photos of kids having sex with adults. In the third session, Ayres exposed himself and masturbated in front of the boy. When the boy got up to leave the room, Ayres warned him that if he told, he would make sure he was locked up for the rest of his life.

In the next two sessions, Ayres pressured the teenager to engage in a sexual act with him. The boy refused.

Ayres testified at the boy's trial. Did Ayres punish the boy for refusing to engage in the sexual act with him by giving him a bad evaluation?

I'm under the impression that such considerations are not fair minded. In other words they honestly represent each person on the merits of the case not taking into account any possible relationships between their clients or anything else other than the matter of the appeal and facts germane to that appeal.

"Those people .... early stricken of God, intellectually -- the departmental interpreters of the laws in Washington ... can always be depended on to take any reasonably good law and interpret the common sense all out of it."

I've said it before, and I'll say it again: We are human beings, not machines, and we are meant to act with discernment, emotion, and discrimination. It is acceptable here on this blog to make it clear when we feel that things have gone awry or are nonsense.

"Justice" may be blind in the courtroom, but there is no such requirement in the real world, and lawyers who are not capable of divorcing blind, emotionless logic of the courtroom have no place in the real world.

I do not know who you are angry at but it is not me or what I said. You are clearly talking about what you are imagining after reading what I said, not what I said. No sane rational honest person could object to fair application of the law or fail to see the importance of making sure fair application of it takes place when dealing with people we think or know to be guilty.I'm sorry for whatever pain you are in but please direct your anger at the correct source.I have not done any of what you are accusing me of, that all took place inside your head and no where else.

Who are you to tell me that I'm not angry at you, or even tell me that I'm angry?

I'm not angry, I'm simply informing you that your perspective is not necessarily correct.

I am a sane and rational honest person, and I don't (in my personal life) care about "fair application of the law" in this case. Enough damage has been done by the molester, and nobody need give a tinker's cuss about his disposition until he's unduly freed from lockup.

From an academic and legal perspective, fair application is a good goal, but I'm human and involved in the matter, and it's a reasonable human expectation that "the system" not make matters worse by dicking around with technicalities.

I love how assholes like you say "I'm sorry for whatever pain..." and then instruct people to direct their anger elsewhere....

You're being an inhuman moron at the moment, and I'm correct in calling you out, so get off your high horse and apologize for being a sociopathic prick.

Meanwhile, there's an interesting case going on in Santa Clara County now involving Dr. Patrick Clyne, that county's longtime chief pediatrician for abused and neglected children, who was dismissed for suspected child abuse.

Now it turns out that the Santa Clara DA - who hired Clyne as an expert witness in 12 cases, is contacting defense attorneys to warn them that Clyne is an impeachable witness and has a tainted past.

But by comparison Wagstaffe's office- which hired Ayres (though Wagstaffe has lied and said they didn't.) has never made any effort to contact San Mateo defense attorneys to inform them that Ayres was a tainted witness and impeachable.

But in Santa Clara County, an attorney for a convicted child killer is challenging Dr. Clyne's credibility as a key witness in helping convict child killer Emmanuel Brew in 2008. We have long thought that attorneys for juveniles who were tried and convicted as adults in San Mateo County, in cases where Ayres testified (and in at least one case, molested the boy) should also file a habeas corpus petition to challenge Ayres' testimony.

From the Mercury News, "Details of Abuse Claims Rekindle Scrutiny of Case"

The most extensive accounts of Clyne's alleged misdeeds have shown up in an unexpected place -- a habeas corpus petition filed in the 6th District Court of Appeal that challenges Clyne's credibility as a key witness in helping convict child-killer Emmanuel Brew in 2008.

According to that filing, which is based on confidential law enforcement reports of two separate investigations of Clyne, three of the four foster boys placed in Clyne's care told police he had abused them...

However, in 2011, the DA's office announced that an internal committee of prosecutors had placed Clyne on a list of its potentially impeachable witnesses and, by law, informed defense attorneys why they believe he had a tainted past. Previously the office had used Clyne as an expert witness in at least 12 child abuse cases.

The November habeas petition by Brew's attorney, David Martin, reveals for the first time some of the evidence behind the DA's concerns about Clyne. In addition to the interviews with Clyne's own foster children, it shows that in 2009, four children, ages 8 to 10, described inappropriate genital exams. Two similar reports surfaced in 2010, including one from a boy who was 5 at the time. The court records describe girls' statements that they were required to squat in a "frog" position while the doctor touched their genitals.

Such a contrast to the San Mateo County DA's office; Wagstaffe and his prosecutors (and frankly, the judges too...) seem to have a very benefit-of-the-doubt, light-sentence, mistrust-the-victims approach to child molesters in the county.

DA Steve Wagstaffe is a corrupt individual, who lies and lies and lies and covers up mistakes by himself; his prosecutors; his corrupt posse of his cop-pals, and other people he is close to.

That's why he won't ever do the right thing and admit that his office hired Ayres, even though Marta Diaz as a prosecutor hired Ayres a number of times.

If Wagstaffe ever stopped lying and admitted that his office hired Ayres, he knows there is a good chance his precious cases could be overturned.

One would think that the appellate attorney for the First District Appellate Project in the case mentioned above involving the former juvenile might want to look into filing a habeas corpus challenging the credibility of Ayres as a witness.

Clyne hasn't even been charged with anything. Ayres has been convicted and is behind bars. In the juvenile case, Ayres assaulted the boy in a number of sessions and THEN testified at his trial. As the boy refused to engage in a felonious sex act with Ayres during these sessions, there's a strong possibility that Ayres punished the boy by giving him a bad evaluation. Talk about tainted.

Mckibbin is not listed on the Megan's law website either, although it's not unusual for more connected sex offenders to get their registration removed from public view.

Mikibbin only got a 3 year sentence even though it was his second (convicted) such offense. He probably also had "time served" on the books, which as we know from the ayres case, is greatly inflated. Combine that with not having to serve ALL of the sentenced time, and you're out right quick.

(Expect to see this in the ayres case as well....)

Probaby fair that they agreed to drop all those other charges. What are the odds that he'll try that again now that he's been convicted? (Again --- for the same shit)

When Mckibbin was sentenced, District Attorney Steve Wagstaffe "called the outcome 'reasonable' for the case."

Perhaps somebody in the DA's office has a soft spot in their heart for men who like to fuck children.

Remember Cardell Brown, the counselor for the San Mateo County group home who was arrested for raping young boys there, only Wagstaffe somehow forgot to notify the press about it? Before the press was alerted by a civil attorney for the victims, Brown had already accepted a plea deal for four years in San Quentin. Considering he had already sexually assaulted a child in Missouri BEFORE he moved to San Mateo County, four years for raping many young boys was a shocking low sentence.

Well, San Quentin didn't reform Mr. Brown. Seems like he got arrested in Sacramento County in 2011 for molesting a boy. It's also noted that Brown when he was arrested was in violation of his sex offender registration requirements. Isn't that something San Mateo County law enforcement is supposed to be on top of? Where is Cardell Demond Brown now? He ain't listed in the California registry and the only thing about him on the Department of Justice website is very old, from 2007, and that site doesn't know where he is currently living.

Where IS Cardell Demond Brown these days? Don't we have a right to know?

Cardell Brown was booked in Sacramento County, CA for ORAL COPULATION WITH A MINOR UNDER 18 YEARS OF AGE, ANNOY OR MOLEST CHILD UNDER 18 YEARS OF AGE.The following Official Record of Cardell Brown is being redistributed by Mugshots.com and is protected by constitutional, publishing, and other legal rights. This Official Record was collected from a Law Enforcement agency on 10/31/2011.

The Modesto BeeA Calaveras County grand jury has indicted the Rev. Michael Kelly of the Stockton Diocese on several child molestation counts. The district attorney's office, in a statement issued Monday, said it would seek to work with authorities to extradite Kelly from his native Ireland to face the charges.The criminal grand jury indicted Kelly on three counts of lewd and lascivious conduct on a child and one count of oral copulation with a child.

A 41-year-old employee at a group home for adolescent boys in San Mateo was convicted in August of felony charges relating to the abuse of four juvenile offenders under the care of the county. But the conviction of Cardell Demond Brown and his four-year sentence to San Quentin State Prison was never revealed to the media by the district attorney's office, and the story didn't make headlines until an attorney representing three of his victims filed a lawsuit this month in San Mateo County Superior Court.

Brown subjected at least three of the county's wards to anal intercourse, oral copulation, masturbation and other acts of sexual abuse while serving as a youth counselor at Project 90, a San Mateo-based human services nonprofit that the county contracted with to provide rehabilitation services for juvenile offenders, according to a lawsuit filed this month in San Mateo Superior Court.

The lawsuit, which cites the county and Project 90 for negligence, raises questions about the county's ability to care for minors under its guardianship.

___

This guy had already been arrested for sexually assaulting a boy in Missouri before moving to San Mateo County and raping the boys at the County group home.

So where is he now and why hasn't he paid the price for failing to register as a sex offender?

A 50-year-old Menlo Park man who was supposed to be sentenced Friday for child molestation failed to appear in court, according to San Mateo County District Attorney Steve Wagstaffe.

_____

What a disgrace all round, from the DA's office mishandling of the case to the judge.

There were THREE- count em- THREE trials.

The first one ended in a mistrial because the prosecutor, Melissa Mckowan, failed to turn over witness testimony to the defense. However, Wagstaffe tried to hide that from the Atherton Almanac reporter back in November.

The second ended in a mistrial.

How it is that this guy Teran was able to skip out of town?

What a disgrace. This case was mishandled at every stage by everyone involved.

HARTFORD, Conn. (AP) — The Connecticut prosecutor who investigated Woody Allen on child molestation claims more than 20 years ago but didn’t file charges says it’s too late for the film director to be prosecuted.Former Litchfield County state attorney Frank Maco said in a phone interview Sunday with The Associated Press that the statute of limitations on adopted daughter Dylan Farrow’s accusations ran out at least 15 years ago.Maco had said in 1993 that he lacked evidence to prosecute Allen but suspected the abuse did occur. He retired in 2003.

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And Connecticut's statute of limitations laws are one of the most liberal in the country. California has one of the worst.

ayres Competency Videos

ayres Surveillance Video: This is video taken by professional private investigators, hired by families to tail ayres. ayres' defense attorney claims that he is not competent to understand and assist in his own defense against charges that he molested many young boys. ayres is seen in this video dominating conversation with wife Solveig and San Francisco shrinks Larry Lurie and Robert Kimmich about past, present, and future events.

william ayres' Office (Outside)

WARNING: This video shows the old office of william hamilton ayres in San Mateo. Do not watch it if you can not handle it.
From the sidewalk in front of ayres' office, up the stairs in the FRONT of the building and coming around the corner to look at #5. The video halts with #5 in full view, and holds for about 10 seconds and then ends.